Legal Question in Business Law in California

satisfaction of judgments

I lost a small claims case in 1996 in the amount of 3400.00. The plaintiff then attached my bank amount for the full amount in Jan. 1997. As of today he has failed to file the satisfaction of judgment and their is a lein on my property for this amount. What can I do if I cannot find this individual to request this gets filed and the lein released. I was unaware of this until I recently applied for a home loan and it showed up.


Asked on 12/19/04, 5:50 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: satisfaction of judgments

You should locate and read section 116.850 of the Code of Civil Procedure; it's a bit too long to quote on LawGuru, but it contains a complete and fairly easy to follow road-map for you.

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Answered on 12/20/04, 12:56 am
Larry Rothman Larry Rothman & Associates

Re: satisfaction of judgments

A certified letter along with certain statutory language is needed. We can help you with this. If they do not satisfy theh judgment within the time period set forth in the letter, a motion can be made requesting that the court satisfy the judgment and for recovery for your costs and attorney fees. Please call us at 714 363 0220 if you need assistance.

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Answered on 12/23/04, 7:49 pm
Daniel Harrison Berger Harrison, APC

Re: satisfaction of judgments

A judgment creditor is required to give the debtor an executed satisfaction of judgment upon payment/collection in full of the judgment. A judgment creditor is not required to record (with the county recorder) the document - the debtor is. Has the creditor provided you with an executed satisfaction? If not, you can file a motion with the court and obtain a court order expunging the lien. You may also be entitled to sue the creditor for damages resulting from his/her failure to supply you with an executed satisfaction of judgment. Let us know if you would like us to prepare the motion for you.

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Answered on 12/20/04, 2:19 pm


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